The DEA Isn’t Making CBD Oil Illegal — Yet
An administrative change by the Drug Enforcement Administration has prompted some to think that change made CBD oil illegal, but that is not the case – yet.
CBD oil is currently considered legal in all 50 states, and agricultural hemp, a non-psychoactive variety of the cannabis plant from which CBD oil is extracted, is legally grown in many states. While scientific research into its benefits is just beginning, preliminary results show that CBD oil can benefit conditions ranging from epilepsy to chronic pain.
But on Dec. 14, the DEA added a notice to the Federal Register that quietly informed the public that it had established “a new drug code for marihuana extract.” The DEA’s argument is that the agency is entitled to regulate CBD oil because all extracts contain trace amounts of THC, the active ingredient in cannabis which remains illegal at the federal level.
Establishing this new drug code is, effectively, the first step toward classifying CBD oil alongside cannabis under the Controlled Substances Act. This act classifies cannabis as a Schedule 1 substance, alongside drugs like heroin which are considered to have no practical medical benefit.
However, legal experts and advocates for hemp doubt that the DEA has the mandate to easily ban CBD oil.